February 3, 2023

Defense Attorney Says Benefits of Refusing DUI Breath Test Not Absolute

Garden City, KS (westernkansasnews.com) It is an argument over the fourth amendment search and seizure clause that will go all the way to the US Supreme Court. Kansas highest court has already ruled that DUI suspects can not be forced to take a breathalyzer test on the site of a potential arrest. Defense attorney Luci Douglass would not necessary tell her clients to outright refuse even if the court for now says they can.

Refusing the breath test could still result in the administrative suspension of a drivers license. The issue is before the Supreme Court which will determine whether penalties including jail time can result from a refusal of breathalyzer test.

*On-air story*